Constitution and Democracy

The thirteen cantons/Die dreizehn Kantone, 1520. Nationales Museum Prangins, Photo/foto: TES.

The sovereignty of Switzerland

The history of the sovereignty of Switzerland knows many dates, myths and (historical and political) discussions. It is only undisputed that the territory of present-day Switzerland was still part of the Holy Roman Empire in the 15th century and that in the 19th century this territory (except Rhäzuns (1819) and Neuchâtel (1856) was sovereign in 1815 and/or 1848. The period between the 16th and 18th centuries (until 1798, 1803, 1813) is less clear.

The Holy Roman Empire around 1530 extended over territories which today cover more than ten sovereign states (Holland, Belgium, Luxembourg, Liechtenstein, Austria, France (Lotharingen, Franche-Comté, (High) Savoy, Elzass), Germany, Czech Republic, Slovenia and territories in Croatia and Poland). Spain, Hungary, Sicily, and Sardinia were linked in a personal union. The Habsburg dynasty delivered 1438-1806 almost without exception the emperors. This Empire and the emperors together with the Pope also embodied the Latin Christianitas.

The Empire was formally a political and legal entity with the Imperial Chamber Court (Reichskammergericht in Worms, Speyer and finally until 1806 in Wetzlar) and the Court Council (Hofrat)  in Vienna, the Imperial Diet (Reichstag) and imperial legislation.

The territory had many ecclesiastical and secular regional and local rulers: bishoprics, abbeys, duchies, counties, imperial cities (Reichstädte). The (different) local laws and customs were often decisive. Political or legal unity did not exist. Three factors are important in this respect. The emperor’s monopoly on the use of force for peace and justice (relevant for the Swiss Confederation in 1415 (conquest of Aargau), 1460 (conquest of Thurgau) and 1474-1477, the Burgundian Wars, with imperial permission), secondly the levy of taxes and thirdly the prestige of the Empire.

Switzerland did not exist at that time, just local alliances. The best known is the alliance of the three Orte (cantons) around 1291 and the beginning of the fourtheenth century (Uri, Schwyz and Unterwalden). Such federations were common at that time, the Alsatian Zehnstädtebund or Dekapolis, the Hanseatic League in Northern Europe or the Swabian League in Southern Germany, for example.

The politically most crucial alliance was between the imperial cities of Zurich, Zug, Bern, Lucerne, Fribourg, and Solothurn from 1351 onwards. The coming into being of the confederation (Eidgenossenschaft) of thirteen towns/ Orte and their Untertanengebiete in 1513, was the consequence. This Confederation remained until 1798 and survived all other alliances. What made the Confederation an exception and a particular case ?

The imperial government of the Holy Roman Empire and the powerful kingdoms (France, Spain, England, Poland-Lithuania, Scandinavia ) were the dominant factors in the formation of states between 1495 and 1648.  The Empire knew many regional and local secular and ecclesiastical rulers, also in Switzerland.

The many imperial cities and imperial privileges are essential. Imperial cities were autonomous, highly privileged communities, such as Basel, Bern, Zurich, Fribourg, Lucerne, Zug, Schaffhausen, Rapperwil, Geneva, St. Gallen, Stein am Rhein and Solothurn. In this region, there were many other imperial cities (Besançon, Colmar, Strasbourg, Rottweil, Mulhouse, Augsburg, Konstanz for example) and also city federations (Dekapolis, Schwäbischer Bund, Eidgenossenschaft). More than 90% of all imperial cities were located in the southwestern quarter of the Empire.

In the Eidgenossenschaft, Orte/ cities and their territories were seamlessly connected, in contrast to the Alsatian Zehnstädtebund and the Schwäbischer Bund. Moreover, the Eidgenossenschaft with its mountain passes, rivers, and north-south connections formed an area for trade, passenger and military transport, hence Grisons (Graubünden: the Gotteshausbund, Zehngerichtebund, Oberer/Grauer Bund joined together in 1524) and the cantons Uri, Schwyz, Glarus, and Unterwalden showed interest in (military) cooperation with these cities.

These (commercial) interests were ultimately more important than the many religious (since 1525), political and territorial differences. The cantons and Grisons, for example, were mainly interested in Italian territories, Bern (and Fribourg) especially in the conquest of Western Switzerland (Vaud, 1536) and Aargau. Important moments were the conquest of Aargau (1415), Thurgau (1460), the Burgundian wars (1474-1477), the Swabian war (or Swiss war, Engadin war or Tyrolean war, depending on the perspective, 1499), the expansion of the Eidgenossenschaft to 13 members in 1513 and the Peace of Westphalia in 1648.

These facts were not decisive for the creation of the sovereign federation, however. The 13 cantons of the Eidgenossenschaft remained sovereign until 1798 and the Confederation was not yet a new European state, although it was regarded and treated as such by other countries.

The years 1798-1815-1848 were decisive. The roots of the sovereignty go back centuries, however, and 1291 (fact, myth or mixture) is at least of symbolic value for the sovereignty in the end. The speculation that matters could have gone different is not relevant from a historial point of view. (Source: B. Marquardt, Die alte Eidgenossenschaft und das Heilige Römische Reich (1350-1798). Staatsbildung, Souveränität und Sonderstatus am alteuropäischen Alpenrand, Zurich 2007).